MINNESOTA STATE COLLEGES AND UNIVERSITIES
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MINNESOTA STATE COLLEGES AND UNIVERSITIES MINNESOTA STATE COLLEGES AND UNIVERSITIES Document Transcript

  • MINNESOTA STATE COLLEGES AND UNIVERSITIES DAKOTA COUNTY TECHNICAL COLLEGE REQUEST FOR PROPOSAL FOR COLLEGE RECRUITMENT VIDEOS SPECIAL NOTE: This Request for Proposal (RFP) does not obligate the Minnesota State Colleges and Universities (MnSCU) system, its Board of Trustees or Dakota County Technical College to award a contract or complete the proposed project and each reserves the right to cancel this RFP if it is considered to be in its best interest. Proposals must be clear and concise. Proposals that are difficult to follow or that do not conform to the RFP format or binding specifications may be rejected. Responding vendors must include the required information called for in this RFP. MnSCU reserves the right to reject a proposal if required information is not provided or is not organized as directed. MnSCU also reserves the right to change the evaluation criteria or any other provision in this RFP by posting notice of the change(s) on DCTC’s web site, www.dctc.edu/go/rfp. For this RFP, posting on the captioned web site above constitutes written notification to each vendor. Vendors should check the site daily and are expected to review information on the site carefully before submitting a final proposal.
  • July 15, 2008 REQUEST FOR PROPOSAL FOR COLLEGE RECRUITMENT VIDEOS Table of Contents Page Section I. General Information 4-7 Background 4 Nature of RFP 4 General Selection Criteria 5 Selection Process 5 Selection and Implementation Timeline 6 Contract Term 6 Parties to the Contract 6 Contract Termination 6 Definitions 6 Applicable Law 6 Contract Assignment 7 Entire Agreement 7 Deviations and Exceptions 7 Duration of Offer 7 Authorized Signature 7 Proposal Rejection and Waiver of Informalities 7 Section II. Parties to the RFP 8 DAKOTA COUNTY TECHNICAL COLLEGE Contact Information 8 Section III. Vendor Requirements 8 Section IV. Response Evaluation 9 Section V. Additional RFP Response and General Contract Requirements 9 Problem Resolution Process 9 Affidavit of Non-Collusion 9 Human Rights Requirements 10 Insurance Requirements 10 State Audit 11 Minnesota Government Data Practices Act 11 Conflict of Interest 12 Organizational Conflicts of Interest 12 Physical and Data Security 12 Section VI. RFP Responses 13 Submission 13 2
  • Table of Contents Page Exhibit A. Affidavit of Non-Collusion 14 Exhibit B. Human Rights Certification Information and 15 Affirmative Action Data Page Affirmative Action Certificate of Compliance 18 Disabled Individual Clause 19 3
  • Section I. General Information Background Minnesota State Colleges and Universities is the seventh-largest system of higher education in the United States. It is comprised of 32 two-year and four-year state colleges and universities with 53 campuses located in 46 Minnesota communities. The System serves approximately 240,000 students annually in credit-based courses, an additional 130,000 students in non-credit courses, and produces 32,000 graduates each year. For more information about Minnesota State Colleges and Universities, please view its website at www.mnscu.edu. Dakota County Technical College is a two-year technical college that is part of the Minnesota State Colleges and Universities system. Our main campus is located in Rosemount, Minnesota, with additional sites in nearby Apple Valley and Eagan. Over 9,500 students are served by DCTC each year, with 4,582 enrolled in regular credit courses and 5,070 enrolled in customized training non-credit courses. Nature of RFP Dakota County Technical College is requesting proposals to develop: I. One-minute program recruitment videos for each of our 48 academic programs. The videos should provide a lively and entertaining glimpse of each program and should feature enthusiastic students talking about DCTC, what they like about the college, and the benefits of their respective program. Where appropriate, the video should also include comments from the faculty about career demand, job opportunities, employers, wages, internship opportunities, or facts about their respective industries. The videos should show a fun, active, learning environment with students learning by doing. The videos should be of highest production values, fast-paced, contemporary in feel with a music sound track that appeals to a younger audience, and formatted for a variety of uses, ranging from television commercials to online postings. II. One-minute recruitment video (DCTC OVERVIEW). The video should feature: benefits of attending a two-year state technical college, a glimpse of the labs, shops, and classrooms showing the current technology, and an overview of the academic departments. Some key messages to include in the video are: DCTC’s 500+ partnerships with business and industry, flexible learning opportunities (online and hybrid), DCTC’s faculty are experts in their field, job placement is consistently over 90%. III. One-minute recruitment video (GETTING STARTED). The videos should feature: the ease of becoming a DCTC student, the help you get along the way from DCTC’s friendly staff and faculty. This message should be action based and get them to call or visit the college’s web site to take the first step to making their life and learning goals happen. IV. One-minute recruitment videos for six of DCTC’s departments (Athletics, Student Life, Financial Aid, Services, Customized Training, Online Learning). The videos should give students an opportunity to learn about DCTC’s respective departments without having to visit campus. The videos should show a welcoming, friendly environment with pleasant students experiences. The videos should be of highest production values, fast-paced, contemporary in feel with a music sound track that appeals to a younger audience, and formatted for a variety of uses, ranging from television commercials to online postings. 4
  • This RFP is undertaken by Dakota County Technical College pursuant to the authority contained in provisions of Minnesota Statutes § 136F.581 and other applicable laws. Accordingly, Dakota County Technical College shall select the vendor(s) whose proposal(s), and oral presentation(s) if requested, demonstrate in Dakota County Technical College’s sole opinion, the clear capability to best fulfill the purposes of this RFP in a cost effective manner. Dakota County Technical College reserves the right to accept or reject proposals, in whole or in part, and to negotiate separately as necessary in order to serve the best interests of Dakota County Technical College. This RFP shall not obligate the Dakota County Technical College to award a contract or complete the proposed project and it reserves the right to cancel this RFP if it is considered to be in its best interest. Deliverables RECRUITMENT VIDEOS • Approximately one-minute video for each of DCTC’s 48 academic programs • Approximately one-minute video for College Overview • Approximately one-minute video for Getting Started at DCTC • Approximately one-minute video for each of DCTC’s six Departments • All videos contained on a single DCTC master with a compelling and intuitive graphical user interface that incorporates DCTC’s brand identity elements • Compressed video file of each video ready for Web streaming on the college’s Web site • Series of high-resolution still images from each shoot for use in related materials Project Timeline Work can begin as soon as September 2, 2008. DCTC is looking for the deliverables no later than June 30, 2009. The video work will need to be done in accordance with DCTC’s academic calendar between September 2, 2008 and April 15, 2009 when all classes are at their capacity. General Selection Criteria General criteria upon which proposals will be evaluated include, but are not limited to, the following: A contract award will be made to the responsible bidder with the lowest responsive bid with consideration being given to quantities involved, time required for delivery, purpose for which intended, competence and responsibility of the bidder, and the ability of the bidder to perform the contract satisfactorily. The calculation of the lowest bid is based on base bid. Selection Process The selection process includes Erin Larsen, Director of Marketing; Ron Erickson, Vice President of Academic and Student Affairs, Renee Johnson Graphic Artist; Cyle Olson, Web Developer; and Pat Adams, Buyer. This group will evaluate the proposals and make the final decision. 5
  • Selection and Implementation Timeline Monday, July 21 and 28 Publish RFP notice in State Register Monday, August 4, 2008 10 a.m. Deadline for receipt of questions Monday, August 4, 2008 2 p.m. Deadline for RFP proposal submissions Tues-Thurs, August 4-7, 2008 Review RFP proposals Friday, August 15, 2008 Complete selection process Friday, August 22, 2008 Estimated date of contract awarded Contract Term Dakota County Technical College desires to enter into a contract with the successful vendor(s) effective August 22, 2008. The length of such contract(s) shall be one year. If Dakota County Technical College and the vendor is unable to negotiate and sign a contract by September 10, 2008 Dakota County Technical College reserves the right to seek an alternative vendor(s). Parties to the Contract Parties to this contract shall be the “State of Minnesota, acting through its Board of Trustees of the Minnesota State Colleges and Universities on behalf of Dakota County Technical College and the successful vendor(s). Contract Termination The State of Minnesota, acting through its Board of Trustees of the Minnesota State Colleges and Universities, may cancel the contract(s) upon 30 days written notice, with or without cause. The vendor(s) may cancel the contract(s) upon 181 days written notice, with or without cause. Definitions Wherever and whenever the following words or their pronouns occur in this proposal, they shall have the meaning given here: MnSCU: State of Minnesota, acting through its Board of Trustees of the Minnesota State Colleges and Universities on behalf of Dakota County Technical College. School: Dakota County Technical College Office of the Chancellor: The central system office of Minnesota State Colleges and Universities located at Wells Fargo Place, 30 7th Street East, Suite 350, St. Paul, Minnesota. Vendor: The firm selected by Dakota County Technical College as the successful responder(s) responsible to execute the terms of a contract. Applicable Law A contract entered into as a result of this RFP shall be governed and interpreted under the laws of the State of Minnesota. 6
  • Contract Assignment A contract or any part hereof entered into as a result of this RFP shall not be assigned, sublet, or transferred directly or indirectly without prior written consent of the Erin Larsen, Director of Marketing and Communications. Entire Agreement A written contract and any modifications or addenda thereto, executed in writing by both parties constitutes the entire agreement of the parties to the contract. All previous communications between the parties, whether oral or written, with reference to the subject matter of this contract are void and superseded. The resulting contract may be amended at a future date in writing by mutual agreement of the parties. Deviations and Exceptions Deviations from and exceptions to terms, conditions, specifications or the manner of this RFP shall be described fully on the vendor's letterhead stationery, signed and attached to the proposal submittal page(s) where relevant. In the absence of such statement the vendor shall be deemed to have accepted all such terms, conditions, specifications and the manner of the RFP. A vendor's failure to raise an issue related to the terms, conditions, specifications or manner of this RFP prior to the proposal submission deadline in the manner described shall constitute a full and final waiver of that vendor's right to raise the issue later in any action or proceeding relating to this RFP. Duration of Offer All proposal responses must indicate they are valid for a minimum of one hundred eighty (180) calendar days from the date of the proposal opening unless extended by mutual written agreement between Dakota County Technical College and the vendor. Prices and terms of the proposal as stated must be valid for the length of the resulting contract. Authorized Signature The proposal must be completed and signed in the firm's name or corporate name of the vendor, and must be fully and properly executed and signed in blue or black ink by an authorized representative of the vendor. Proof of authority of the person signing must accompany the response. Proposal Rejection and Waiver of Informalities This RFP does not obligate the Minnesota State Colleges and Universities (MnSCU) system, its Board of Trustees or Dakota County Technical College to award a contract or complete the proposed project and each reserves the right to cancel this RFP if it is considered to be in its best interest. Dakota County Technical College also reserves the right to waive minor informalities and, not withstanding anything to the contrary, reserves the right to: 7
  • 1. reject any and all proposals received in response to this RFP; 2. select a proposal for contract negotiation other than the one with the lowest cost; 3. negotiate any aspect of the proposal with any vendor; 4. terminate negotiations and select the next most responsive vendor for contract negotiations; 5. terminate negotiations and prepare and release a new RFP; 6. terminate negotiations and take such action as deemed appropriate. Section II. Parties to the RFP Dakota County Technical College Contact Information Dakota County’s agent for purposes of responding to inquiries about the RFP is: Name: Renee Johnson Title: Graphic Artist Address: 1300 145th St. East Rosemount, MN Telephone: 651-423-8576 Fax: 651-423-8781 E-mail address: renee.johnson@dctc.edu Other persons are not authorized to discuss RFP requirements before the proposal submission deadline and Dakota County Technical College shall not be bound by and responders may not rely on information regarding RFP requirements obtained from non-authorized persons. Questions must include the name of the questioner and his/her telephone number, fax number and/or e-mail address. Anonymous inquiries will not be answered. Please Note: Changes to the evaluation criteria or any other provision in this RFP will be posted on www.dctc.edu/go/rfp Section III. Vendor Requirements 1. It is the intent and purpose of these specifications to provide all labor, materials, equipment and other incidental service to provide promotional videos in accordance with the terms conditions and specifications contained in this RFP. 2. The bidder must supply, as a part of the bid, a listing of no less than three client references, from educational institutions, for which a delivery of equivalent size and complexity has been performed in the last year and which are similar to those requested in the bid. References should include the name of reference, the address and phone number of individuals who can be contacted for the reference, and samples of the work done for them in electronic format. In the instance where the bidder is unable to provide the above information as specified because of the unique nature of characteristics of their operation, the bidder must provide equivalent reference information, which can verify for DCTC, in its sole determination, the bidder’s ability to provide the services required under the contract. 8
  • 3. Before the award of the contract, DCTC may require a bidder to submit evidence of any information related to the financial, technical, and other qualifications and abilities of the bidder. 4. The vendor shall be an independent contractor and not an employee of DCTC, and shall be responsible for the reporting and remittance of all state and federal taxes. The vendor shall perform the services/provide the products as outlined hereto. The vendor’s services/products will be provided in a manner that is satisfactory to DCTC in its sole discretion. 5. The vendor shall maintain, at its own cost, such licenses and certifications as are necessary to provide the services rendered under this agreement, and shall present such licenses to DCTC upon its request. Section IV. Response Evaluation A contract award will be made to the responsible bidder with the lowest responsive bid with consideration being given to quality of work samples provided, qualifications, of the vendor and its personnel, understanding of proposal objectives, and cost in relation to level of service to be provided. The following criteria and their identified weight will be used by Dakota County Technical College to evaluate the responses: 1. quality of similar work samples and references provided (25%); 2. cost (25%); 3. qualifications of the vendor and its personnel (experience of personnel who are committed to work on the contract will be given greater weight than that of the company) (25%); 4. expressed understanding of proposal objectives (15%); 5. cost in relation to level of service to be provided (10%). In some instances, an interview will also be part of the evaluation process. Dakota County Technical College reserves the right to name a date at which all responding vendors will be invited to present demonstrations or participate in an interview. Dakota County Technical College does not agree to reach a decision by any certain date although it is hoped the evaluation and selection will be completed by the date identified in the Selection and Implementation Timeline above. A proposal may be rejected if it is determined that a vendor’s ability to work with the existing infrastructure will be too limited or difficult to manage. Section V. Additional RFP Response and General Contract Requirements Problem Resolution Process A formal problem resolution process will be established in the contract to address issues raised by either Dakota County Technical College or the vendor. Affidavit of Non-Collusion All responding vendors are required to complete Exhibit A, the Affidavit of Non-Collusion, and submit it with the response. 9
  • Human Rights Requirements For all contracts estimated to be in excess of $100,000, all responding vendors are required to complete Exhibit B, the Human Rights Certification Information and Affirmative Action Data Page, and submit it with the response. As required by Minnesota Rule 5000.3600, "It is hereby agreed between the parties that Minnesota Statutes §363A.36 and Minnesota Rule 5000.3600 are incorporated into any contract between these parties based upon this specification or any modification of it. Copies of Minnesota Statutes §363A.36 and Minnesota Rules 5000.3400 - 5000.3600 are available from the Minnesota Bookstore, 680 Olive Street, St. Paul, MN 55155. All responding vendors shall comply with the applicable provisions of the Minnesota Affirmative Action law, Minnesota Statutes §363.A36. Failure to comply shall be grounds for rejection. Insurance Requirements A. The selected vendor will be required to submit an ACCORD Certificate of Insurance to the Dakota County Technical College's authorized representative prior to execution of the contract. Each policy must contain a thirty day notice of cancellation, non-renewal or material change to all named and additional insureds. The insurance policies will be issued by a company or companies having an “A.M. Best Company” financial strength rating of A- (Excellent) or better prior to execution of the contract. B. The selected vendor will be required to maintain and furnish satisfactory evidence of the following: 1. Workers' Compensation Insurance. The vendor must provide workers’ compensation insurance for all its employees and, in case any work is subcontracted, the vendor will require the subcontractor to provide workers’ compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Coverage B, Employer’s Liability, at limits not less than $100,000.00 bodily injury by disease per employee; $500,000.00 bodily injury by disease aggregate; and $100,000.00 bodily injury by accident. 2. Commercial General Liability. The vendor will be required to maintain a comprehensive commercial general liability insurance (CGL) policy protecting it from bodily injury claims and property damage claims which may arise from operations under the contract whether the operations are by the vendor or by a subcontractor or by anyone directly or indirectly employed under the contract. The minimum insurance amounts will be: $1,000,000.00 per occurrence $2,000,000.00 annual aggregate In addition, the following coverages must be included: Products and Completed Operations Liability Blanket Contractual Liability Name the following as Additional Insureds: Board of Trustees of the Minnesota State Colleges and Universities Dakota County Technical College 3. Commercial Automobile Liability. The vendor will be required to maintain insurance protecting it from bodily injury claims and property damage claims which may arise from operations of vehicles under the contract whether such operations were by the vendor, a subcontractor or by anyone directly or indirectly employed under the contract. The minimum insurance amounts will be: 10
  • $1,000,000.00 per occurrence Combined Single Limit (CSL) In addition, the following coverages should be included: Owned, Hired, and Non-owned Name the following as Additional Insureds: Board of Trustees of the Minnesota State Colleges and Universities Dakota County Technical College 4. Errors and Omissions (E & O) Insurance. The vendor will be required to maintain insurance protecting it from claims the vendor may become legally obligated to pay resulting from any actual or alleged negligent act, error or omission related to the vendor’s professional services required under this contract. The minimum insurance amounts will be: $1,000,000.00 per occurrence $2,000,000.00 annual aggregate The vendor will be required to submit a certified financial statement providing evidence the vendor has adequate assets to cover any applicable E & O policy deductible. C. Dakota County Technical College reserves the right to immediately terminate the contract if the vendor is not in compliance with the insurance requirements and retains all rights to pursue any legal remedies against the vendor. All insurance policies must be available for inspection by Dakota County Technical College and copies of policies must be submitted to Dakota County Technical College's authorized representative upon written request. State Audit The books, records, documents and accounting practices and procedures of the vendor relevant to the contract(s) must be available for audit purposes to MnSCU and the Legislative Auditor’s Office for six (6) years after the termination/expiration of the contract. Minnesota Government Data Practices Act The vendor must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by MnSCU, its schools and the Office of the Chancellor in accordance with the contract and as it applies to all data created, gathered, generated or acquired in accordance with the contract. All materials submitted in response to this RFP will become property of the State of Minnesota and will become public record after the evaluation process is completed and an award decision made. If the vendor submits information in response to this RFP that it believes to be trade secret materials as defined by the Minnesota Government Data Practices Act, the vendor must: • mark clearly all trade secret materials in its response at the time the response is submitted; • include a statement with its response justifying the trade secret designation for each item; • defend any action seeking release of the materials it believes to be trade secret, and indemnify and hold harmless the State of Minnesota, MnSCU, its agents and employees, from any judgments or damages awarded against the State or MnSCU in favor of the party requesting the 11
  • materials, and any and all costs connected with that defense. This indemnification survives MnSCU’s award of a contract. In submitting a response to this RFP, the responder agrees this indemnification survives as long as the trade secret materials are in possession of MnSCU. Conflict of Interest The vendor must provide a list of all entities with which it has relationships that create, or appear to create, a conflict of interest with the work that it is contemplated in this Request for Proposal. The list should indicate the names of the entity, the relationship, and a discussion of the conflict. Organizational Conflicts of Interest The responder warrants that, to the best of its knowledge and belief, and except as otherwise disclosed, there are no relevant facts or circumstances that could give rise to organizational conflicts of interest. An organizational conflict of interest exists when, because of existing or planned activities or because of relationships with other persons, a vendor is unable or potentially unable to render impartial assistance or advice, or the vendor’s objectivity in performing the contract work is or might be otherwise impaired, or the vendor has an unfair competitive advantage. The responder agrees that, if after award, an organizational conflict of interest is discovered, an immediate and full disclosure in writing must be made to the respective school’s chief financial officer or the Office of the Chancellor’s Business Manager that must include a description of the action which the vendor has taken or proposes to take to avoid or mitigate such conflicts. If an organizational conflict of interest is determined to exist, the school or Office of the Chancellor may, at its discretion, cancel the contract. In the event the responder was aware of an organizational conflict of interest prior to the award of the contract and did not disclose the conflict to the contracting officer, the school or Office of the Chancellor may terminate the contract for default. The provisions of this clause must be included in all subcontracts for work to be performed similar to the service provided by the prime contractor, and the terms “contract,” “contractor,” and “contracting officer” modified appropriately to preserve MnSCU’s rights. Physical and Data Security The vendor is required to recognize that on the performance of the contract the vendor will become a holder of and have access to private data on individuals and nonpublic data as defined in the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, section 270B.02, subdivision 1, and other applicable laws. In performance of the contract, the vendor agrees it will comply with all applicable state, federal and local laws and regulations, including but not limited to the laws under Minnesota Statutes Chapters 270B and 13 relating to confidentiality of information received as a result of the contract. The vendor agrees that it, its officers, employees and agents will be bound by the above confidentiality laws and that it will establish procedures for safeguarding the information. The vendor agrees to notify its officers, employees and agents of the requirements of confidentiality and of the possible penalties imposed by violation of these laws. The vendor agrees that neither it, nor its officers, employees or agents will disclose or make public any information received by the vendor on behalf of MnSCU and Dakota County Technical College. The vendor shall recognize MnSCU’s sole and exclusive right to control the use of this information. The vendor further agrees it shall make no use of any of the described information, for either internal or external purposes, other than that which is directly related to the performance of the contract. 12
  • The vendor agrees to indemnify and hold harmless the State of Minnesota, MnSCU and Dakota County Technical College from any and all liabilities and claims resulting from the unauthorized disclosure by the vendor, its officers, employees or agents of any information required to be held confidential under the provisions of the contract. The vendor must return all source data to the “Authorized Representative” to be identified in the contract. Section VI. RFP Responses Submission Sealed proposals must be received at the following address no later than 2:00 p.m. on Monday, August 4, 2008. Mail materials to: DCTC – Video RFP ATTN: Renee Johnson 1300 145th St. East, Rosemount, MN 55068-2999 The responder shall submit [2] hard copies of its RFP response along with references and work samples (in electronic format CD-ROM or DVD) similar to the project outline in this RFP. Proposals are to be sealed in mailing envelopes or packages with the responder’s name and address clearly written on the outside. One copy of the proposal must be unbound and signed in blue or black ink by an authorized representative of the vendor. Proof of authority of the person signing must accompany the response. Proposals received after this date and time will be returned to the responder unopened. Fax and e-mail responses will not be considered. Proposals made in pencil will be rejected. Alterations in cost figures used to determine the lowest priced proposal will be rejected unless initialed in ink by the person responsible for or authorized to make decisions as to price quoted. The use of “white out” is considered an alteration. 13
  • Exhibit A. Affidavit of Non-Collusion STATE OF MINNESOTA AFFIDAVIT OF NON-COLLUSION I swear (or affirm) under the penalty of perjury: 1. That I am the Responder (if the Responder is an individual), a partner in the company (if the Responder is a partnership), or an officer or employee of the responding corporation having authority to sign on its behalf (if the Responder is a corporation); 2. That the attached proposal submitted in response to the ________________________ Request for Proposal has been arrived at by the Responder independently and has been submitted without collusion with and without any agreement, understanding or planned common course of action with, any other Responder of materials, supplies, equipment or services described in the Request for Proposal, designed to limit fair and open competition; 3. That the contents of the proposal have not been communicated by the Responder or its employees or agents to any person not an employee or agent of the Responder and will not be communicated to any such persons prior to the official opening of the proposals; and 4. That I am fully informed regarding the accuracy of the statements made in this affidavit. Responder’s Firm Name: __________________________________________ Authorized Signature: _____________________________________________ Date: __________________ Subscribed and sworn to me this ________ day of ___________ Notary Public: _________________________________________ My commission expires: ______ ________ 14
  • Exhibit B. Human Rights Certification Information and Affirmative Action Data Page NOTICE TO CONTRACTORS AFFIRMATIVE ACTION CERTIFICATION OF COMPLIANCE It is hereby agreed between the parties that MnSCU will require that affirmative action requirements be met by contractors in relation to Minnesota Statutes §363A.36 and Minnesota Rules, 5000.3400 to 5000.3600. Failure by a contractor to implement an affirmative action plan or make a good faith effort shall result in revocation of its certificate or revocation of the contract (Minnesota Statutes §363A.36, subdivisions 3 and 4). Under the Minnesota Human Rights Act, §363A.36, businesses or firms entering into a contract over $100,000 which have more than forty (40) full-time employees within the state of Minnesota on a single working day during the previous twelve (12) months, or businesses or firms employing more than forty (40) full-time employees on a single working day during the previous twelve (12) months in a state in which its primary place of business is domiciled and that primary place of business is outside of the State of Minnesota but within the United States, must have submitted an affirmative action plan that was received by the Commissioner of Human Rights for approval prior to the date and time the responses are due. A contract over $100,000 will not be executed unless the firm or business having more than forty (40) full-time employees, either within or outside the State of Minnesota, has received a certificate of compliance signifying it has an affirmative action plan approved by the Commissioner of Human Rights. The Certificate is valid for two (2) years. For additional information, contact the Department of Human Rights, Compliance Services Unit, 190 East 5th Street, Suite 700, St. Paul, Minnesota 55101. AFFIRMATIVE ACTION DATA PAGE – FOR RESPONSES IN EXCESS OF $100,000 ONLY If a response to this solicitation is in excess of $100,000, complete the information below to determine whether the business or firm is subject to the Minnesota Human Rights Act (Minnesota Statutes §363A.36) certification requirement and to provide documentation of compliance if necessary. It is the sole responsibility of the business or firm to provide this information and, if required, to apply for Human Rights certification prior to the due date and time of the response and to obtain Human Rights certification prior to the execution of the contract. Effective July 1, 2003. The Minnesota Department of Human Rights is authorized to charge a $75.00 fee for each Certificate of Compliance issued. A business or firm must submit its affirmative action plan along with a cashier's check or money order in the amount of $75.00 to the Minnesota Department of Human Rights or you may contact the Department for additional information at the Compliance Services Unit, 190 East 5th Street, Suite 700, St. Paul, MN 55101. How to determine which boxes to complete on this form: Then you must complete Box A Box C Box D Box B these boxes… On any single working day within the previous 12 months, the company… employed more than 40 full-time employees in Minnesota. ● ● did not employ more than 40 full-time employees in Minnesota but did employ more than 40 full-time ● ● employees in the state where the company is domiciled. did not employ more than 40 full-time employees in Minnesota or the state where the company is ● ● domiciled. 15
  • BOX A – For a company which has employed more than 40 full-time employees within Minnesota on any single working day during the previous 12 months, Its response will be rejected unless the company: has a current Certificate of Compliance issued by the Minnesota Department of Human Rights (MDHR) -or- has submitted an affirmative action plan to the MDHR, which the Department received prior to the date and time the responses are due. Check one of the following statements if the company has employed more than 40 full-time employees in Minnesota on any single working day during the previous 12 months: □ We have a current Certificate of Compliance issued by the MDHR. Include a copy of your certificate with your response. Proceed to BOX D. □ We do not have a current Certificate of Compliance but we have submitted an affirmative action plan to the MDHR for approval which the Department received on __________________(date) at __________(time). [If you do not know when the Department received your plan, contact the Department.] We acknowledge that the plan must be approved by the MDHR before any contract can be executed. Proceed to BOX D. □ We do not have a Certificate of Compliance and have not submitted an affirmative action plan to the MDHR. We acknowledge our response will be rejected. Proceed to BOX D. Note: A Certificate of Compliance must be issued by the Minnesota Department of Human Rights. Affirmative action plans approved by the federal government, a county or a municipality must still be reviewed and approved by the Minnesota Department of Human Rights before a certificate can be issued. BOX B - For a company which has not had more than 40 full-time employees in Minnesota but has employed more than 40 full-time employees on any single working day during the previous 12 months in the state where its primary place of business is domiciled, the company may achieve compliance with the Minnesota Human Rights Act by certifying it is in compliance with applicable federal affirmative action requirements. Check one of the following statements if the company has not employed more than 40 full-time employees in Minnesota but has employed more than 40 full-time employees on any single working day during the previous 12 months in the state where its primary place of business is located: □ We are not subject to federal affirmative action requirements. Proceed to BOX D. □ We are subject to federal affirmative action requirements and are in compliance with those requirements. Proceed to BOX D. BOX C – For a company not described in BOX A or BOX B, The company is not subject to the Minnesota Human Rights Act certification requirement. □ We have not employed more than 40 full-time employees on a single working day in Minnesota or in the state of our primary place of business within the previous 12 months. Proceed to BOX D. 16
  • BOX D – For all companies By signing this statement, you certify the information provided is accurate and that you are authorized to sign on behalf of the responder. Name of Company:________________________________________________________________ Authorized Signature:______________________________________________________________ Printed Name:____________________________________________________________________ Title:___________________________________________________________________________ Date: _________________ Telephone number:__________________________________________ For further information regarding Minnesota Human Rights Act requirements, contact: Minnesota Department of Human Rights, Compliance Services Unit Mail: 190 East 5th Street, Suite 700 Metro: 651.296.5663 St. Paul, MN 55101 Toll Free: 800.657.3704 Website: www.humanrights.state.mn.us Fax: 651.296.9042 Email: employerinfo@therightsplace.net TTY: 651.296.1283 17
  • MINNESOTA STATE COLLEGES AND UNIVERSITIES NOTICE TO VENDORS AFFIRMATIVE ACTION CERTIFICATION OF COMPLIANCE The amended Minnesota Human Rights Act (Minnesota Statutes §363A.36) divides the contract compliance program into two categories. Both categories apply to any contracts for goods or services in excess of $100,000. The first category applies to businesses that have had more than 40 full-time employees within Minnesota on a single working day during the previous 12 months. The businesses in this category must have submitted an affirmative action plan to the Commissioner of the Department of Human Rights prior to the due date and time of the response and must have received a Certificate of Compliance prior to execution of the contract or agreement. The secondary category applies to businesses that have had more than 40 full-time employees on a single working day in the previous 12 months in the state in which its primary place of business is domiciled. The businesses in this category must certify to MnSCU that it is in compliance with federal affirmative action requirements before execution of the contract. For further information, contact the Department of Human Rights, Compliance Services Unit, 190 East 5 th Street, Suite 700, St. Paul, MN 55101; Voice: 651.296.5663; Toll Free: 800.657.3704; TTY: 651.296.1283. MnSCU is under no obligation to delay the award or the execution of a contract until a vendor has completed the Human Rights certification process. It is the sole responsibility of the vendor to apply for and obtain a Human Rights certificate prior to contract execution. It is hereby agreed between the parties that MnSCU will require affirmative action requirements be met by vendors in relation to Minnesota Statutes §363A.36 and Minnesota Rules, 5000.3400 to 5000.3600. Under the Minnesota Human Rights Act, §363A.36, subdivision 1, no department or agency of the state shall execute an order in excess of $100,000 with any business within the State of Minnesota having more than 40 full-time employees in a single working day during the previous 12 months unless the firm or business has an affirmative action plan for the employment of minority persons, women, and the disabled that has been approved the Commissioner of Human Rights. Receipt of a Certificate of Compliance issued by the Commissioner shall signify that a firm or business has an affirmative action plan approved by the Commissioner. Failure by the vendor to implement an affirmative action plan or make a good faith effort shall result in revocation of its certificate or revocation of the order (Minnesota Statutes §363A.36, subdivisions 3 and 4). A certificate is valid for a period of two (2) years. 18
  • DISABLED INDIVIDUAL CLAUSE A. A vendor shall not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The vendor agrees to take disabled individuals without discrimination based on their physical or mental disability in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection of training, including apprenticeship. B. The vendor agrees to comply with the rules and relevant order of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. C. In the event of a vendor’s noncompliance with the requirements of this clause, actions for noncompliance may be taken by the Minnesota Department of Human Rights pursuant to the Minnesota Human Rights Act. D. The vendor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Commissioner of the Minnesota Department of Human Rights. Such notices shall state the vendor obligation under the law to take affirmative action to employ and advance in employment qualified disabled employees and applicants for employment and the rights of applicants and employees. E. The vendor shall notify each labor union or representative of workers with which it has a collective bargaining agreement or other order understanding, that the vendor is bound by the terms of Minnesota Statutes §363A.36 of the Minnesota Human Rights Act and is committed to take affirmative action to employ and advance in employment physically and mentally disabled individuals. It is hereby agreed between the parties that Minnesota Statutes §363A.36 and Minnesota Rules 5000.3400 to 5000.3600 are incorporated into any order of Minnesota Statutes §363A.36 and Minnesota Rules, 5000.3400 to 5000.3600 are available from Minnesota Bookstore, 660 Olive Street, St. Paul, Minnesota 55155. By signing this statement the vendor certifies that the information provided is accurate. NAME OF COMPANY: ____________________________________________________________________ AUTHORIZED SIGNATURE: _______________________________________________________________ TITLE: _____________________________________________________________ DATE: _____________________________________________________________ 19